RBIL v Ryhurst & Ors [2011] EWHC 2209 (TCC) (08 August 2011)

RBIL v Ryhurst & Ors [2011] EWHC 2209 (TCC) (08 August 2011)

The threshold for security for costs is met as the Claimant is unlikely to be able to pay the Defendants' costs if unsuccessful. The existence of a counterclaim does not preclude an order for security as the counterclaim would not have been pursued independently. The quantum of security is set at £1 million, reflecting a reduction for the lateness of the application and a reasonable allowance for likely taxation.

Citation
[2011] EWHC 2209 (TCC)
Parties
Claimant: RBIL; Defendants: Ryhurst & Ors.
Jurisdiction
England and Wales
Judgment Date
08 August 2011
Procedural Posture
Application for Security for Costs in Ongoing Commercial Litigation / Interlocutory Application Prior to Trial
Outcome
Application granted in part
Legal Topics
Security for Costs, Management Services Agreement, Counterclaim, Private Finance Initiative, Disclosure, Costs Management
Civil Procedure Commercial Law Construction Law Security for Costs Management Services Agreement Counterclaim Private Finance Initiative Disclosure +1 more

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Parties

RBIL

Claimant

Ryhurst & Ors.

Defendants

Procedural Posture

Application for Security for Costs in Ongoing Commercial Litigation / Interlocutory Application Prior to Trial

Legal Issues

  1. 1 Whether security for costs should be ordered against the Claimant
  2. 2 Whether the existence of a counterclaim precludes an order for security for costs
  3. 3 Quantum of security for costs to be ordered

Ratio Decidendi

The threshold for security for costs is met as the Claimant is unlikely to be able to pay the Defendants' costs if unsuccessful. The existence of a counterclaim does not preclude an order for security as the counterclaim would not have been pursued independently. The quantum of security is set at £1 million, reflecting a reduction for the lateness of the application and a reasonable allowance for likely taxation.

Court Disposition

Application granted in part

Orders

  • Claimant to provide security for costs in the sum of £1 million.